Citation Nr: 21076171
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 17-00 724
DATE: December 22, 2021

REMANDED

Entitlement to service connection for back condition is remanded.

Entitlement to service connection for radiculopathy, right lower extremity (RLE) is remanded.

Entitlement to service connection for acquired psychiatric condition is remanded.

Entitlement to service connection for irritable bowel syndrome (IBS) is remanded

Entitlement to TDIU is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Air Force from January 1977 to January 1978. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2019, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record. These claims were last before the Board in January 2020 where they were remanded for additional development.

 

1. Entitlement to service connection for back condition

The Veteran is seeking entitlement to service connection for a back condition. The Board finds that additional development is needed prior to adjudication of this claim. 

In accordance with prior remand instructions, a VA examination was obtained        in October 2020. The VA examiner was instructed to opine as to whether it is at least as likely as not that the Veteran's disability is related to service, to include addressing why the current back disability is/is not a post traumatic residual of the alleged falls from his bunk bed during service. While the VA examiner provided     a negative nexus opinion, the provided rationale relied on the fact that there was   no spinal condition diagnosed during the Veteran's military service.  A medical examiner "cannot rely on the absence of medical records corroborating that injury to conclude that there is no relationship between the appellant's current disability and his military service." Dalton v. Nicholson, 21 Vet. App. 23, 40 (2007). Further, this medical opinion does not reflect that the examiner considered the Veteran's   lay statements regarding the onset and continuity of his symptoms. As such, an addendum opinion is warranted. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). 

2. Entitlement to service connection for RLE radiculopathy

3. Entitlement to service connection for acquired psychiatric condition 

4. Entitlement to service connection for IBS 

5. Entitlement to TDIU

The Veteran is seeking entitlement to service connection for RLE radiculopathy,    an acquired psychiatric condition, and IBS which he contends are secondary to    his claimed back condition. As such, remand is warranted for contemporaneous adjudication. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are inextricably intertwined when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issues has been rendered). Additionally, the issue of entitlement to a TDIU is intertwined with the service connection claims remanded above, as such may affect whether the Veteran meets the schedular criteria for a TDIU. Id. 

The matters are REMANDED for the following action:

1. Send the claims file to an appropriate examiner to obtain an addendum opinion with respect to the Veteran's back condition claim. The claims file must be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one should be scheduled. 

After review of the claims file, the examiner should provide an opinion as to whether it is at least as likely     as not (50 percent probability or more) that the Veteran's disability is related to service. The examiner should explain why/why not, to include addressing why the current back disability is/is not a post traumatic residual of the alleged falls from his bunk bed during service.

2. If the claims remain denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.